The long and winding road to.. Rome


A brief history of the ICC
C. Tofan (ed.)
Pages: 587 pages
Shipping Weight: 600 gram
Published: 07-2011
Publisher: WLP
Language: US
ISBN (softcover) : 9789058871138

Product Description


The history of the establishment of the International Criminal Court (ICC) spans over more than a century. The “road to Rome” was a long and often contentious one. While efforts to create a global criminal court can be traced back to the early 19th century, the story began in earnest in 1872 with Gustav Moynier – one of the founders of the International Committee of the Red Cross – who proposed a permanent court in response to the crimes of the Franco-Prussian War. In 1948, the United Nations General Assembly adopted the Genocide Convention in which it called for criminals to be tried “by such international penal tribunals as may have jurisdiction”.In June 1989, motivated in part by an effort to combat drug trafficking, Trinidad and Tobago resurrected a pre-existing proposal for the establishment of an ICC and the UN GA asked that the ILC resume its work on drafting a statute. The conflicts in Bosnia-Herzegovina and Croatia as well as in Rwanda in the early 1990s and the mass commission of crimes against humanity, war crimes, and genocide led the UN Security Council to establish two separate temporary ad hoc tribunals to hold individuals accountable for these atrocities, further highlighting the need for a permanent international criminal court.

In 1994, the ILC presented its final draft statute for an ICC to the UN GA and recommended that a conference of plenipotentiaries be convened to negotiate a treaty and enact the Statute. To consider major substantive issues in the draft statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court, which met twice in 1995.

Based on the Preparatory Committee’s draft, the UNGA decided to convene the United Nations Conference of Plenipotentiaries on the Establishment of an ICC at its fifty-second session to “finalize and adopt a convention on the establishment” of an ICC. The “Rome Conference” took place from 15 June to 17 July 1998 in Rome, Italy, with 160 countries participating in the negotiations and the NGO Coalition closely monitoring these discussions, distributing information worldwide on developments, and facilitating the participation and parallel activities of more than 200 NGOs.

The Preparatory Commission (PrepCom) was charged with completing the establishment and smooth functioning of the Court by negotiating complementary documents, including the Rules of Procedure and Evidence, the Elements of Crimes, the Relationship Agreement between the Court and the United Nations, the Financial Regulations, the Agreement on the Privileges and Immunities of the Court. On 11 April 2002, the 60th ratification necessary to trigger the entry into force of the Rome Statute was deposited by several states in conjunction. The treaty entered into force on 1 July 2002. The Court recently started prosecuting several accused and in 2010 the first review conference was held.

This book describes the history of the ICC and presents the most important legal documents that let to the establishment of this remarcable institute.